(Download) "People v. Smith" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Smith
- Author : Colorado Supreme Court
- Release Date : January 16, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
We are called upon in this appeal to determine the constitutional validity of Crim. P. 35(a), insofar as it permits a trial court, upon motion, to reduce a sentence within 120 days after sentence is imposed by the court. The district court denied appellants motion to reduce sentence on the basis of our pronouncement in People v. Herrera, 183 Colo. 155, 516 P.2d 626. There, we held that after finality had attached to a conviction relief from a sentence validly imposed could not be obtained through the judiciary but rather must be had through the Executive Department by way of commutation. We do not agree with the district court and therefore reverse.